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Provisional Contract Of Employment Template for Hong Kong

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Key Requirements PROMPT example:

Provisional Contract Of Employment

"I need a Provisional Contract of Employment for a senior software developer in Hong Kong, with a 3-month provisional period starting March 1, 2025, including strong IP protection clauses and performance-based conversion criteria to permanent employment."

Document background
The Provisional Contract of Employment is commonly used in Hong Kong when organizations wish to establish a temporary employment relationship or implement a trial period before confirming permanent employment. This document is essential for compliance with Hong Kong's Employment Ordinance and related employment legislation, providing a clear framework for both employer and employee during the provisional period. It typically includes detailed terms covering job responsibilities, compensation, benefits, working hours, leave entitlements, and termination provisions. The contract is particularly useful for new hire situations, project-based employment, or when companies need to assess employee suitability before offering permanent positions. It offers flexibility while ensuring legal protection for both parties and clarity regarding the temporary nature of the arrangement.
Suggested Sections

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Brief context of the employment relationship and purpose of the provisional contract

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, and primary responsibilities

5. Commencement and Duration: Start date and duration of the provisional period

6. Probation Period: Length and terms of the probation period, if applicable

7. Remuneration: Salary, payment schedule, and any guaranteed bonuses

8. Working Hours: Standard working hours, rest days, and overtime arrangements

9. Leave Entitlements: Annual leave, sick leave, and other statutory leave entitlements

10. MPF and Benefits: Mandatory Provident Fund arrangements and other employee benefits

11. Termination: Notice periods and conditions for termination during the provisional period

12. Confidentiality: Obligations regarding company confidential information

13. Governing Law: Specification of Hong Kong law as the governing law

14. Entire Agreement: Statement that this document represents the complete agreement between parties

Optional Sections

1. Probationary Period: Details of probation period if the provisional contract includes one - not always necessary for short-term provisional contracts

2. Commission Structure: Include for sales or commission-based roles

3. Mobility Clause: Required if the employee may need to work at different locations

4. Intellectual Property Rights: Necessary for roles involving creative work or innovation

5. Non-Competition: Include for senior positions or roles with access to sensitive information

6. Training Requirements: Include if specific training is required during the provisional period

7. Performance Targets: Include if conversion to permanent employment is subject to specific targets

8. Company Policies: Reference to specific company policies if they form part of the contract

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of roles, responsibilities, and reporting lines

2. Schedule 2 - Remuneration Details: Breakdown of salary components, allowances, and benefits

3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms

4. Appendix A - Performance Metrics: Specific KPIs or performance standards if applicable

5. Appendix B - Benefits Summary: Detailed description of all employee benefits and eligibility criteria

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses

































Relevant Industries

Financial Services

Technology

Retail

Manufacturing

Professional Services

Healthcare

Education

Construction

Hospitality

Logistics

Real Estate

Media and Entertainment

Telecommunications

Consumer Goods

Insurance

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Customer Service

Research and Development

Administration

Business Development

Product Development

Corporate Communications

Compliance

Strategy

Relevant Roles

Junior Executive

Senior Manager

Project Manager

Software Developer

Account Manager

Sales Representative

Administrative Assistant

Research Analyst

Marketing Coordinator

Operations Manager

Financial Analyst

HR Coordinator

Customer Service Representative

Business Development Manager

Technical Support Specialist

Data Analyst

Product Manager

Legal Assistant

Content Writer

Systems Engineer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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